* LL.B (1998), BA (1998), LL.M (2000), DU (2003). Member of the Council of State (Conseil d’Etat). Member of several NGOs. Phd Researcher at the School of Law, University of Lyon III, France. mohamed_chawki@hotmail.com

“Instantaneous global communications have given us a window on the world through which can be seen both the wonder of it all and the things that make us wonder about it all”

John Naisbitt (Global Paradox: 1994)

Abstract:

Cybercrime cut across territorial borders, creating a new realm of illegal human activity and undermining the feasibility--and legitimacy--of applying laws based on geographic boundaries. Territorially-based law-making and law-enforcing authorities find cybercrime deeply threatening. It has subjected the nation-State to unprecedented challenges with regard to its efficacy, sovereignty and functions. However, established territorial authorities may yet learn to defer to the self-regulatory efforts of Cyberspace participants who care most deeply about this new digital trade in ideas, information, and services. Separated from doctrine tied to territorial jurisdictions, new legislations will emerge, in a variety of online spaces, to deal with a wide range of new phenomena that have no clear parallel in the real world.Accordingly, this article seeks to address and analyse the following issues: Firstly, it examines how cybercrime is being addressed at the national and international levels. Secondly, it reviews the state of the existing legislative and regulatory framework and their efficiency in combating this form of cross-border organised crime, taking the European Union as a case study. Finally, the article will conclude by discussing the steps nations should take in their battle against this crime.

Table of Contents

Introduction

I. The Rise of Crime in Cyberspace

A. A Study of the Phenomenon.
B. The Scope of the Phenomenon.
C. Cyberspace Misuse and Abuse.

II. Legislative Approaches

A. National and Regional Strategies. B. The International Dimension.
C. Additional Strategies to Fight Cybercrime: Suggestions for Legal Policy.

Conclusion

Introduction:Cybercrime is a major concern for the global community.[1] The introduction, growth, and utilisation of information and communication technologies have been accompanied by an increase in criminal activities.[2] With respect to cyberspace,[3] the Internet is increasingly used as a tool and medium by transnational organised crime.[4] Cybercrime is an obvious form of international crime that has been affected by the global revolution in ICTs.[5] As a resent study noted, cybercrimes differ from terrestrial crimes in four ways: “They are easy to learn how to commit; they require few resources relative to the potential damage caused; they can be committed in a jurisdiction without being physically present in it; and they are often not clearly illegal.” [6] On such a basis, the new forms of cybercrime present new challenges to lawmakers, law enforcement agencies, and international institutions.[7] This necessitates the existence of an effective supra-national as well as domestic mechanisms that monitor the utilisation of ICTs for criminal activities in cyberspace.[8]

I. The Rise of Crime in Cyberspace

The term “cyberspace” was coined by the science fiction author William Gibson in his 1984 novel Nuromancer, to describe...

You May Also Find These Documents Helpful

...﻿
Computer Hackers and the Cybercrime Law
Crime is a common word that we always heard in this globalization era. Crimes refer to any violation of law or the commission of an act forbidden by law. Crime and criminality have been associated with man since long time ago. There are different strategies practices by different countries to contend with crime. It is depending on their extent and nature. It can be concluded that a nation with high index of crime cases cannot grow or develop well. This is because crime is the direct opposite of development. It can contribute to negative impact in term of social and economic development.
Cyber crime is a new type of crime that occurs in this Science and Technology years. There are a lot of definitions for cyber crime. According to Wikipidia.com cyber crime also known as computer crime that refers to any crime that involves a computer and a network. Cyber crime is defined as crimes committed on the internet using the computer as either a tool or a targeted victim. Besides that cyber crime can be defined as crimes committed on the internet using the computer as either a tool or a targeted victim . Computer can be considers as a tool in cyber crime when the individual is the main target of cyber crime. But computer can be considers as target when the crime is directed to the computer. In addition, cyber...

...﻿
ComputerInformation System Brief
Sháron Y. Aulet
Accounting Information Systems ACC/542
April 27, 2015
Facilitator: Edgar Coronel
ComputerInformation System Brief
Located in San Diego, CA is an upscale specialty food store that offers fresh produce, fresh meat and seafood, wines from around the world, bakery and pastry products, cheese and dairy products, condiment, packaged foods, and numerous special gourmet items (Virtual Organizational Portal, 2007). Founded by Kathy Kudler in 1998, the store quickly grew. With locations in La Jolla, Del Mar and Encinitas, the company has shown steady growth. The management team of Kudler has expressed an interest in effectively integrating technology into its business operations. Seeking the assistance of their accounting firm, a SWOT Analysis (Strengths, Weakness, Opportunities and Threats) was conducted to evaluate Kudler’s current computer systems and use of technology. The analysis covered all hardware and software currently in use by Kudler. The provided brief outlines how Kudler computer systems can be effectively integrated to meet current business needs and improve their accounting operations.
Key Business and Accounting Information Needs
Using a business plan to outline Kudler’s initial requirements, $50,000 was used to finance and install a Retail Enterprise Management System (REMS) within the...

...﻿
ComputerInformation System Brief
Sonya Cunningham
University Of Phoenix
Accounting Information System ACC/542
Eva King
May 11, 2015
ComputerInformation System
This paper will address the following regarding Kudler Fine Foods: identify Kudler’s key business and accounting information needs, analyze the strengths and weaknesses of Kudler’s current computer system and technology use, including hardware and software. It will explain what opportunities Kudler has in terms of technology and provide suggestions for improving Kudler’s ability to maximize these opportunities. It will discuss evaluating the threats that Kudler may encounter given their current systems and offer your suggestions, in terms of using technology.
Kudler Fine Foods is a small local upscale food store located in the San Diego metropolitan area. It has three location: La Jolla, DelMar and Encinitas. Kudler Fine Food store are stocked with domestic and important foodstuffs like: fresh bakery, fresh produce, fresh meat & seafood, condiments and packaged foods and cheese’s and specialty dairy products. Kudler Fine Foods was founded in 1998 by Kathy Kudler. Kathy expressed herself through gourmet cooking and realized that there were opportunities to open an upscale food shop in La Jolla. After the success of the first store in La Jolla, two years later she opened the second store in Del Mar...

...﻿
Cybercrime
Student’s Name
University Affiliation
CybercrimeCybercrime encompasses any criminal act dealing with computers and networks. In addition, cybercrime also involves traditional crimes that take place on the Internet. These include; hate crimes, telemarketing and Internet fraud, identity theft, and credit card account thefts. They are committed intentionally against individuals or groups with a criminal motive to harm the victim's name or cause physical or mental harm to the victim directly or indirectly. It can be through modern telecommunication networks such as Internet (Chat rooms, emails, notice boards, and groups) and mobile phones Dr. Debarati Halder and Dr. K. Jaishankar (2011).
Such crimes may threaten a nation’s security and financial stability. It is especially so when disclosure of such confidential information, lawfully or otherwise. New trends in cybercrime are emerging now and then, with costs to the global economy running high. Years back, cybercrime was committed mainly by individuals or small groups. However, today, criminal organizations working with criminally minded technology professionals to commit cybercrime, often to fund other illegal activities. Highly sophisticated, these cybercriminal networks bring together individuals from across the world in real time to commit crimes on an...

...﻿CHAPTER I
INTRODUCTION
“A mouse can be just as dangerous as a bullet or a bomb.” -Lamar smith.
1.1 Background
Cybercrime is also called computer crime. The use of computers as an instrument to further illegal ends, such as committing fraud, trafficking in child pornography and intellectual property, stealing identities, or violating privacy is cybercrime. Cybercrime, especially through the Internet, has grown in importance as the computer has become central to commerce, entertainment, and government.1 New technologies creates new criminal opportunities because of the early and widespread adoption of computers and the Internet, these days computer crime has been a growing issue even here in Nepal.
1.2 Statement of Problem
The development on information technology and cyberspace made the world as a small global village. People can get access right through the world from their home with internet. The trends of global terrorism are also changed by using such IT. Cyber crime as a “new weapon” becomes a potential threat in international peace.
In particular, this paper is focused on cyber crime, its effects, challenges and impact of cyber crime on global security.
1.3 Objectives of the Study:
a. To know how far cybercrimes are occurring in Nepal
b. Cyber crime in Nepal and the law into force
c. To learn about cyber...

...Cybercrime Act: Features and issues
By JJ Disini
Philippine Daily Inquirer
9:49 pm | Saturday, October 6th, 2012
NETIZENS, bloggers and journalists hold a rally outside the Supreme Court to protest Republic Act No. 10175, also known as the Cybercrime Prevention Act. RAFFY LERMA
Recently, the President signed into law two key pieces of legislation—the Cybercrime Prevention Act and the Data Privacy Act, both of which were meant to assist the development of the business process outsourcing industry in the country.
As late as last year, the Philippines reigned as the country with the biggest number of seats in the call center industry, as the BPO industry grew in terms of total revenue, foreign exchange inflow and employment generation.
BPO lobby
It is believed that the BPO industry needs the Cybercrime Act (the “Act”) to respond to the demands of foreign clients for a strong legal environment that can secure their data from being stolen and sold.
As early as 2000, the E-Commerce Act (ECA) already punished hacking but the penalties were deemed too light. The persons convicted served no jail time if they opted to plead guilty in exchange for probation in lieu of imprisonment.
Law enforcement agencies also faced various roadblocks when investigating cybercrime incidents. Even during emergency situations, service providers were reluctant to cooperate with law enforcement officers, citing the...

...Grantham University
Abstract
Over the past decade cybercrime has increased dramatically resulting in a loss of approximately $560 million dollars for consumers and an estimated $1 trillion dollars for the U.S. government. Cybercrime ranges from crimes that effect national security such as cyber espionage to identity theft which affects the average consumer. The government has introduced legislation and created task forces in an effort to combat cybercrime.
The first cybercrime offense was committed in 1978 over the ARPAnet, a Department of Defense Network in the form of spam mail (Carajal, 2008). Since that time cyber crime has evolved into a worldwide problem that costs governments countless amounts of money to combat. There are several definitions used to identify cyber crime. The Council of Europe’s Cybercrime Treaty categorizes cyber crime as offenses committed ranging from criminal activity against data to content and copyright infringement (Marion, 2010). The United Nations Manual on the Prevention and Control of Computer Crime defines cyber crime as fraud, forgery, and unauthorized access (Carajal, 2008). The Department of Justice (DOJ) defines cyber crime as any violations of criminal law that involve knowledge of computer technology for their perpetration, investigation, or prosecution.
The DOJ divided...

...﻿Iftekher Hossain
Professor: Ryan Daley
May 01, 2011
Essay 5
All novels, short stories, and poems are mostly written by authors from their own personal experiences and inspired by true events. Throughout their experience they face several conflicts and they utilize few of these conflicts to create an art. This art allows the authors to put hints and clues of their emotions, perspective, conflicts and opinions where they express their feelings into writing by emphasizing on single character. Revealing their personal lives in works of writing shows how “art imitates life.” Through Conflict we gain a valuable lesson and conflict in some way makes writers to create better works of arts. Raymond carver is known for his poems and short stories and some of his stories were based on his personal life. “Mine little things”, “Cathedral”, “shiftless”, “will you please be quite, please?” and “where I’m calling from” reflects Carver’s life; where we can actually see parts of Carver’s turbulent life through the characters he create. Raymond carver is a prime example of a writer whose life is imitated in his arts and how it had benefited him.
Raymond Carver was a child of the working poor who lived in poverty. His father was alcoholic who died at the age of fifty-three and his mother was...